At a homicide trial, the State called the decedent’s daughter, who heard the defendant tell the decedent, “If you can’t be with me, then you can’t be with anyone.” The Appellate Division held that the statement was admissible as the statement of a party opponent under N.J.R.E. 803(b)(1), as well as proof of motive under N.J.R.E. 404(b). Furthermore, the evidence survived scrutiny under N.J.R.E. 403. The opinion provides an a quality review of hearsay standards and considerations for any evidence wonks.
